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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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If you just posted the question about being in SC and bouncing the deposit check, then the answer is no. The landlord would have to first give you a written 5 day notice to pay or vacate before he could then file a formal eviction action in court to get a judgment and a writ that the sheriff would execute to force you to leave. That will take 3-4 weeks after the 5 day expires..

So if it says it in the lease he still has to give me a written notice?

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Yes, the law says he has to give you at least 5 days notice... See SC Statutes 27-40-710(b).. His lease can't be in violation of state law..

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Notice of Termination of All Other Leases for Nonpayment:

A 5 day notice can be written conspicuously in the lease so that termination can occur 5 days after rent is not paid without additional notice. Required verbiage for the lease provision can be found in § 27-40-710(b).

If no such notice is written in the lease, then 5 days written notice is required before lease termination and filing for eviction.

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Customer reply replied 11 months ago

in my lease it says if any check of the tenant for the security deposit is returned the landlord can declare the agreement void and terminate lease.

Doesn't matter... He can put in there you owe him $1 million dollars if you bounce a check too... and that isn't legal either..

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And he is declaring the contract in breach... and he can evict you... but he has to do so by going through the same normal process a landlord has to go through... He doesn't get to take a shortcut by claiming you are now a trespasser..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Ask Your Own Landlord-Tenant Question

Customer reply replied 11 months ago

one last question? just so I am clear. He has to give me 5 days to vacate? and then go through eviction process?

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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I have handled Real Estate and Landlord Tenant matters for more than two decades.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).